CLA-2-20:S:N:N7:228 803515
Mr. Mark J. Wuollet
InterNex, Ltd.
1615 Gettysburg Avenue Suite 100
Minneapolis, MN 55427
RE: The tariff classification and country of origin marking of fruit preparations from Finland
Dear Mr. Wuollet:
In your letter dated October 18, 1994, you requested a tariff classification ruling.
Four samples were submitted with earlier correspondence. Your current letter has provided ingredients breakdowns and a description of the manufacturing process. The samples were opened, examined, and disposed of. "Lapplandsk Wild Berry Preserves" are cooked food preparations in four different varieties - blueberry, cloudberry, lingonberry, and cranberry - put up for retail sale in glass jars containing 230 grams, net weight. Each is composed of 40 percent berries, 39 percent sugar, approximately 20 percent water, and less than one percent each of pectin, potassium sorbate, and calcium citrate. The blueberry and cloudberry products also contain less than one percent citric acid. Examination of the blueberry and cranberry samples revealed products consisting primarily of whole berries in a viscous, syrup-like medium. These products readily poured from the container. The cloudberry and lingonberry products consisted of whole and broken berries suspended in a soft, spreadable, gelatinous medium.
The applicable subheading for the wild lingonberry preserves will be 2007.99.0500, Harmonized Tariff Schedule of the United States (HTS), which provides for jams...being cooked preparations...lingonberry. The rate of duty will be 3 percent ad valorem.
The applicable subheading for the wild cloudberry preserves will be 2007.99.1500, HTS, which provides for jams...other berry. The rate of duty will be 3 percent ad valorem.
The applicable subheading for the wild blueberry preserves will be 2008.99.1810, HTS, which provides for fruit...otherwise prepared or preserved...other...berries...blueberries...wild blueberries, canned. The rate of duty will be 3.5 percent ad valorem.
The applicable subheading for the wild cranberry preserves will be 2008.99.2000, HTS, which provides for fruit...otherwise prepared or preserved...other...berries...other. The rate of duty will be 7 percent ad valorem.
Your letter also requested a ruling on whether the container labels were properly marked with the country of origin. Marked samples were submitted.
The labels identify your firm as the product distributor, noting the U.S. geographical location "Northfield, MN." Alongside your firm's name and address is a reproduction of the Finnish flag, below which the words "product of Finland" are written in bold, uppercase letters.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the
U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
The proposed marking of imported fruit preserves, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported products.
This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport